In re the Personal Restraint of Spires
In re the Personal Restraint of Spires
Opinion of the Court
¶1 —At issue in this personal restraint petition of Stanford Spires is whether the legal financial obligations (LFOs) that the trial court imposed against him in June 1992 are still enforceable. Because the 10-year limitations period expired in December 2002, we hold that the LFOs are no longer enforceable. Accordingly, we grant the petition.
¶3 In 1995, the superior court ordered Spires to serve 20 days in jail for failing to pay the LFOs and changing his address without notice to the Department of Corrections.
¶4 In December 2007, the trial court denied Spires’ motion to terminate the LFOs for the 1992 convictions.
¶5 Spires argues that the trial court no longer has jurisdiction to enforce his LFOs. We agree.
¶6 Personal restraint petitions are not a substitute for direct review.
¶7 RCW 9.94A.753(4) governs certain restitution orders for offenses committed after July 1, 1985, and before July 1, 2000:
*241 For the purposes of this section, for an offense committed prior to July 1, 2000, the offender shall remain under the court’s jurisdiction for a term of ten years following the offender’s release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may extend jurisdiction under the criminal judgment an additional ten years for payment of restitution.[16]
¶8 Former RCW 9.94A.145 (1991), in effect when Spires committed his crimes in 1992, provided, “[LFOs] may be enforced at any time during the ten-year period following the offender’s release from total confinement or within ten years of entry of the judgment and sentence, whichever period is longer.”
¶9 RCW 9.94A.760(4) (effective until August 1, 2009) is the successor statute to former RCW 9.94A.145 and provides in part:
All other legal financial obligations for an offense committed prior to July 1, 2000, may be enforced at any time during the ten-year period following the offender’s release from total confinement or within ten years of entry of the judgment and sentence, whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may extend the criminal judgment an additional ten years for payment of legal financial obligations including crime victims’ assessments.[18]
¶10 Spires contends that the phrase “release from total confinement” relates to the initial period of incarceration ordered in the judgment and sentence for the crime. He argues that “total confinement” does not include subsequent periods of incarceration for violations of conditions of community custody or payment of restitution related to the
¶11 In State v. Olson,
¶12 First, the court in Olson recognized that the supreme court’s consideration of the phrase “release from total confinement” in In re Personal Restraint of Sappenfield
*243 “The [trial] court’s jurisdiction begins with the imposition of sentence. It ends either 10 years later or 10 years after the offender’s release from total confinement.. .. We conclude from this that the phrase ‘release from total confinement’ can only mean release from confinement for the crime for which restitution was ordered.”[29]
The court in Olson also noted that the State “failed to identify any language in the restitution statute or in case law to support its position that the 10-year time period starts over if the defendant is subsequently incarcerated for probation and restitution violations related to the original crime.”
¶13 The court in Olson next concluded that the legislature did not intend for the restitution statute, RCW 9.94A.753(4), “to restart the 10-year time period after subsequent periods of incarceration related to the original crime.”
¶14 Here, Spires was originally sentenced to three exceptional and concurrent terms of 13 months’ total confinement, community supervision, and restitution for the three charges of unlawful issuance of bank checks or drafts to which he pleaded guilty.
¶15 Spires’ subsequent period of incarceration was for failing to pay LFOs and changing his address without notice to or permission of DOC.
¶16 Spires’ “release from total confinement,” which triggered the 10-year limitations period, was on December 13, 1992.
¶17 The State argues that because there is an outstanding bench warrant in effect in this case, the last date of release from “total confinement” cannot yet be determined. According to the State, the term of total confinement can
f 18 The State also argues that the term “total confinement” is ambiguous. We disagree because the State has failed to show that there is more than one reasonable interpretation of the statute before us.
¶19 The State next argues that Spires’ proposed interpretation of the statute leads to the “absurd consequence” that “[a] defendant need only successfully ignore the court’s [restitution] orders for ten years and the court’s jurisdiction to enforce those orders will expire.”
The legislature . . . corrected that problem by extending the court’s jurisdiction for the lifetime of the offender or until all*246 LFOs are satisfied. However, it chose to do so for offenses committed only from July 1, 2000, forward. As a corollary, the legislature left the limitation period for offenses committed before July 1, 2000, unchanged.[45]
Thus, our construction of the statute does not lead to absurd consequences. If the State believed that Spires was not living up to his responsibilities under the restitution order, it could have moved for an extension of the term, provided it did so in a timely fashion. We are not authorized to rewrite the statute under the guise that the restorative and punitive purposes of restitution are thwarted.
¶20 The State cites the principle that the restitution statute must be broadly construed in order to carry out the legislature’s intent of providing restitution to crime victims.
¶21 Finally, the State argues that Sappenfield is distinguishable.
¶22 By this reasoning, “release from total confinement” would never mean what it says. Instead, it would effectively mean “completion of all sentence conditions,” words the legislature did not use in these statutes. Because the legislature did not use these words, we reject the State’s argument.
¶23 In sum, the plain words of the statute mandate that after the expiration of the 10-year limitations period following the term of total confinement for which a defendant is sentenced, the court has no power, absent a timely extension, to enforce unpaid LFOs. Spires is entitled to the relief he requests.
¶24 We grant the personal restraint petition.
State’s Response to Personal Restraint Petition, Appendix A at 2-3.
Id. at 1.
State’s Response to Personal Restraint Petition, Appendix B at 1.
Petitioner’s Supplemental Brief, Appendix B at 1.
State’s Response to Personal Restraint Petition, Appendix C at 1.
Personal Restraint Petition, attachment.
State’s Response to Personal Restraint Petition at 3; Petitioner’s Supplemental Brief at 2.
Petitioner’s Supplemental Brief, Appendix F at 1.
In re Pers. Restraint of Dalluge, 162 Wn.2d 814, 817, 177 P.3d 675 (2008).
RAP 16.4(b); see also In re Dalluge, 162 Wn.2d at 817.
RAP 16.4(c)(2); see also In re Pers. Restraint of Cook, 114 Wn.2d 802, 805, 792 P.2d 506 (1990) (relief in personal restraint petitions is not limited to constitutional errors; statutory claims are also cognizable).
State v. J.P., 149 Wn.2d 444, 449, 69 P.3d 318 (2003).
Dep’t of Ecology v. Campbell & Gwinn, LLC, 146 Wn.2d 1, 9-10, 43 P.3d 4 (2002).
In re Pers. Restraint of Sappenfield, 138 Wn.2d 588, 591, 980 P.2d 1271 (1999) (Sappenfield II).
16 (Emphasis added.)
Former RCW 9.94A.145(4) (1991), recodified as RCW 9.94A.760 (Laws of 2001, ch. 10, § 6).
18 (Emphasis added.)
Petitioner’s Supplemental Brief at 7.
Petitioner’s Supplemental Brief, Appendix B at 1. The briefing from both parties states that Spires was released from his initial period of confinement in 1993, but the record reflects that he was released in December 1992.
148 Wn. App. 238, 198 P.3d 1061 (2009).
Id. at 240-41.
Id. at 241.
138 Wn.2d 588, 980 P.2d 1271 (1999) 0Sappenfield II).
Olson, 148 Wn. App. at 244.
Sappenfield II, 138 Wn.2d at 592 (citing former ROW 9.94A.142 (1985), recodified as ROW 9.94A.753 (Laws of 2001, ch. 10, § 6)).
Olson, 148 Wn. App. at 244 (citing Sappenfield II, 138 Wn.2d at 593).
29 Sappenfield II, 138 Wn.2d at 593 (quoting In re Pers. Restraint of Sappenfield, 92 Wn. App. 729, 736, 964 P.2d 1204 (1998) (Sappenfield I)).
Olson, 148 Wn. App. at 244.
Id. at 244-45 (Statute dealing with “wash out” periods used in offender score calculations states, “ ‘[C]lass C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement . . . the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction.’” (alterations in original) (quoting RCW 9.94A.525(2)(c))).
Petitioner’s Supplemental Brief, Appendix A at 1.
Petitioner’s Supplemental Brief, Appendix B at 1.
Petitioner’s Supplemental Brief, Appendix C at 1.
Petitioner’s Supplemental Brief, Appendix B at 1.
Supplemental Brief of Respondent at 6.
Budget Rent A Car Corp. v. Dep’t of Licensing, 144 Wn.2d 889, 900, 31 P.3d 1174 (2001) (“An ambiguity arises when a term is fairly susceptible to two or more reasonable interpretations.”).
Sappenfield II, 138 Wn.2d at 593 (concluding that the phrase “release from total confinement” means release from confinement for the crime for which restitution was ordered).
Supplemental Brief of Respondent at 6.
165 Wn.2d 1, 195 P.3d 525 (2008), cert. denied, 129 S. Ct. 2842 (2009).
Id. at 8 (citing H.B. Rep. on Substitute S.B. 6336, 56th Leg., Reg. Sess. (Wash. 2000)).
45 Id. (citation omitted) (citing Laws of 2000, ch. 226, §§ 3, 4).
Supplemental Brief of Respondent at 5 (citing State v. Hennings, 129 Wn.2d 512, 519, 919 P.2d 580 (1996)).
Gossage, 165 Wn.2d at 7-8.
Supplemental Brief of Respondent at 7.
Sappenfield II, 138 Wn.2d at 593 (quoting Sappenfield I, 92 Wn. App. at 736).
Supplemental Brief of Respondent at 7.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.